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3 1262 08486 7588 

Registry No. 1013-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

I 

WHITE WET GROUND MICA 

INDUSTRY 

AS SUBMITTED ON AUGUST 18, 1933 

WE DO OUR PART 

The Code for the White Wet Ground Mica Industry 

in its present form merely r eflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this Industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - • Price 5 cents j 
SUBMITTED BY 

WHITE WET GROUND MICA ASSOCIATION 

(ll) 
CODE OF FAIR COMPETITION FOR THE WHITE WET 

GROUND MICA INDUSTRY 

AUGUST 18, 1933. 

T o effectuate the policy of Title I of the National Industrial 

Recovery Act during the period of the emergency, by reducing and 

relieving unemployment, improving the standards of labor, eliminating competitive practices le tructive of the interests of the public, 

employees, and employers, relieving the di astrou effect of overcapacity, and otherwise rehabilitating the White vVet Ground Mica 

industry and by increasing the consumption of mineral and industrial and agricultural products by increasing purcha ino- power, 

and in other respects, the following provisions are e tablished as a 

code of fair competition for the White Wet Ground Mica indu try. 

No provision in this Code shall be interpreted or applied in such 

a manner as to: (a) Promote or permit monopolies; (b) Permit or 

encourage unfair competition; ( c) eliminate, discriminate against, 

or oppress small enterprises. 

Thi Code shall be enforced impartially upon all members of the 

industry whether or not they are members of the '\Vhite Wet Ground 

Mica Association-the applicant for this Code-after any objecting 

member of the industry has been given opportunity to present his 

case to the Federal Administrator. 

p ART I-EMPLOYMENT .AND PRODUCTION 

SECTION 1. D finitions.-The term " "\Vhite Wet Ground Mica Industry " as used herein is defined to n1ean the busine s of wet ground 

processing of mica. The tern1 ' employees" a u ed herein shall 

include all persons e1nploy cl in the conduct of such operations. 

The term "member of the industry" a used herein is le.fined to 

mean a n1anufac urer and/or importer of white wet ground mica. 

The term " association " as used herein i defined to mean the '\Vhite 

Wet Ground Mica A sociation or its ucces or . The term " effective date" as u eel herein is defined to n1ean :Monday, Augu t 28, 

1933. 

SEc. 2. Labor.-( a) Employees hall have the right to organize 

and bargain collectively through representatives of their own chodsing, and hull be fre from the interference restraint, or coercion 

of employers of labor or their agents, in the designation of such 

repre entative or in self-organization or in other concerted activities 

for the purpo e of collective bargaining or other mutual aid or 

protection. 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company or union or to 

refrain from joining, organizing, or assisting a labor organization of 

hi own choosing. 

9437-33 (1) 
2 

( c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President of the United States. 

SEc. 3. (a) On and after the effective date the minimum wage that 

shall be paid by any employer in the industry to any employee 

engaged in the processing of white wet ground mica and any labor 

operation~ directly incident thereto shall be 40¢ per hour, unless the 

rate per hour for the same class of labor on July 15, 1929, was less 

than 40¢, in which case the rate per hour shall be not less than the 

rate per hour paid on July 15, 1929, and provided also that in no 

event shall the rate per hour be less than 32¢ per hour; and provided 

f'urther, that learners may be paid not less than 80 percent of the 

nunimum rate paid determined in the manner above provided, but 

the number of learners receiving less than such minimum rate so 

determined shall not exceed 5 percent of the total number of employees engaged in the processing of white wet ground mica and in 

labor operations directly incident thereto. 

(b) On and after the effective date the minimum wage that shall 

be paid by any employer to all other employees, except commi sion 

salespeople, shall be at the rate of $15 per week; provided, however, 

.that offic ~ boys or girls and learners may be paid not less than 80 

percent of such minimum wage, but the number of such office boys or 

girls and learners paid at a rate of less than $15 per week shall not 

exceed 5 percent of the total number of employees coyered by the 

provisions of this paragraph (b). 

SEc. 4. (a) On and after the effective date, members of the industry shall not operate on a schedule of hours of labor for their 

employees-except continuously operating machine crews, repairshop crews, engineers, electricians, firemen, office and supervisory 

staff, executives, traveling and commission alesmen, shipping and 

watching crews-in excess of 36 hours per week. 

(b) On and after the effective date, the maximum hours of labor 

of continuously operating machine crews shall be 40 hours per week. 

( c) On and after the effective date the maximum hours of labor 

of repair-shop crews, engineers, electricians, and watching crews in 

the industry shall, except in ca e of emergency work, be forty hours 

a week with a tolerance of 10 percent. Any emergency time in any 

111ill shall be reported monthly to the \Vhite ,vet Groun Mica 

Association. 

( d) The maximum hours of labor for office employees in the industry shall be an average of forty hours a week over each period 

of six months, except executives, administrative and supervisory 

employees, and travelling and commission sales111en. 

( e) Provided, however, that these limitations shall not apply 

when a seasonal or peak demand places an unusual and temporary 

burden upon the industry; during such periods such number of 

hours may be worked as are required by the necessities of the situation, but at the end of each calendar month every employer in the 

industry shall report to the Secretary of the Association, in such 

detail as may be required, the number of man hours worked in 

that month on account" of seasonal or peak demand requirements, 

and the ratio which said man hours bear to the total nmnber of man 

hours of labor during said month; and 
Provicled. fu1·ther, that these limitations shall not apply in cases 

of emergency but at the end of each calendar month every employer 

in the industry shall report to the Board of Directors of the Associatjon, in such detail as may be required, the number of man 'hours 

work d in that month for emergency reasons and the ratio which 

said emer;ency n1an hours bears to the total number of man hours 

of labor during said month. 

(f) Under no circumstances shall an employee be employed or 

permitted to work for one or more employers in the industry in the 

aggregate in excess of the prescribed number of hours in a single 

week. 

SEC. 5. Agreements between members of the industry and their 

employees and between members of the industry and other persons, 

firms, or corporations in effect on Augu t 1, 1933, if in any way 

affected or modified by regulations promulgated or put into effect 

under the act shall be so affected only during such time as the act 

is in effect and operative. 

SEc. 6. On and after the effective date, employers in the industry 

shall not employ any minor under the age of 16 years. 

SEc. 7. With a view to keeping the President informed as to the 

observance or nonobservance of this Code of Fair Competition, and 

as to whether the White Wet Ground Mica Industry is taking appropriate steps to effectuate the declared policy of the National Industrial Recovery Act, each person engaged in said industry shall 

furnish to the Secretary of the White Wet Ground Mica Association duly certified reports in substance as follows and in such form 

as may hereafter be provided: 

(a) Wages and H ours.-Returns monthly showing actual hours 

worked by the various accupational groups o:f employees, and minimum weekly rates of wages. 

(b) Reports of Produotion, Stoeks, arnrl) OrdJers: Returns shall be 

made as received by every member of the industry showing individual 

orders entered, shipped, and unfilled, with price per pound and 

F.O.B. point of each. White Wet Ground Mica Association or its 

successors, New York, N.Y., is hereby constituted the agency to collect 

and receive such reports. 

( c) Each member of the industry shall file with the Secretary of 

the Association a list of every order he has on hand on the effective 

date of this Code together with price, terms, and F.0.B. point. 

p ART II-FAIR COMPETITIVE PRACTICES 

SECTION 1. Every employer in the industry shall use an accounting 

system, which conforms to standard and uniform methods of accounting and to a costing system to be formulated or approved by the 

Board of Directors of the Association to meet the individual conditions of the industry. 

SEc. 2. No employer in the industry shall sell or exchange any 

product, material, or service of the industry at a price or upon such 

terms or conditions that will result in the customer paying for the 

goods or service received less than the cost to the seller, determined 

in accordance with the uniform and standard method of costing hereinabove prescribed. 
4 

SEc. 3. Each member of the industry shall within ten day of the 

effective date hereof, file with the Secretary of the As ociation his 

current delivered prices and terms of payment, and the Secretary 

of the Association shall immediately send copies thereof to all known 

manufacturers of such specified products. Revised delivered prices 

and/or terms of payment may be filed from time to time thereafter 

with the Secretary of the Association by any member of the inclu try, 

to become effective upon the date specified therein but such revised 

delivered prices and/or terms of payment shall be filed with the 

Secretary of the Association ten days in advance of the effective date, 

unless the Board of Directors of the A ociation shall authorize a 

shorter period. Copies of revised delivered price and/ or terms of 

payment, with notice of the effective date pecified, shall be immediately sent to all lmown manufacturers of such product, who thereupon may file, if they so desire, revisions of their delivered prices 

and/ or terms of payment, which shall become effecti-ve upon the date 

when the revised delivered prices and/or terms of payment first filed 

shall go into effect. 

SEC. 4. No member of the industry shall sell directly or indirectly 

by any means whatsoever any product of the industry at a lower price 

or on more favorable terms of payment than his current delivered 

prices and/ or terms of payment. 

SEC. 5. Prior to the effective date of any and all revised prices 

and/ or terms of payment no 1nember of the industry shall tell 

suggest, or intimate to a customer or prospective cu tamer that 

said me111ber of the industry has or intend to file revised price 

and/ or terms of payment. 

SEc. 6. No men1ber of the industry shall accept an order or contract for any product of the industry for delivery beyond ixty 

days fro111 the day said order or contract wa signed. 

SEc. 7. Every member of the indu try ·hall keep on file with 

the Secretary of the A sociation an up-to-date list of all hi distributors and/ or agents, each one of whom hall ign a written 

agreement to accept and abide by the preceding Sections 4, 5, and 6 

of Part II of this Code. 

SEc. 8. \Vhen a member of the industry sell nonindu try and 

indu try products together to the same customer he shall not quote 

a combined lmnp sun1 price which is less than the um of current 

market prices of the eparate products. 

SEC. 9. No member of the industry shall give or accept ecret 

payment or allowance of rebates refunds, or unearned di count 

whether in the form of money or otherwi e, or extend to certain purchaser special ervice and/ or privileges not extended to all 

purchasers. 

SEC. 10. No member of the indu try hall be a party to commercial bribery in any form. 

EC. 11. No member of the industry shall engage in any misrepre entation-direct or implied. 

EC. 12. No member of the industry hall make au inYoice and/ or--

contract which is a false record of a transaction. 

SEC. 13. o member of the industry shall induce or atten1pt to 

induce the cancellation of an order of the breach of a contract 

between a competitor and his customer or distributor. 
5 

p A.RT Ill-ADMINISTRATION 

SECTION 1. (a) White Wet Ground Mica Association is hereby 

designated the agency for administering, supervising, and pron1oting the perfor1nance of the provisions of this Code by the members 

of the White Wet Ground Mica Industry. (b) White Wet Ground Mica Association, the applicant herein, 

agrees to accept and be bound by all of the provisions of this Code 

and/or other regulations established for the industry by the Board 

of Directors of the Association and approved by the President of 

the United States. 

SEc. 2. The Association imposes no inequitable restrictions on 

.admission to membership and every member has but one vote. 

SEc. 3. To further effectuate the policies of the Act the Board of 

Directors of the Association shall cooperate with the Federal Administrator as a planning and fair practice agency for the industry. 

Such agency, 1nay from time to time, present to the Federal Administrator recommendations based on conditions in the industry as they 

may develop from time to time which will tend to e:ff ectuate the 

operation of the provisions of this Code and the policy of the 

National Industrial Recovery Act. 

SEC. 4. (a) Any alleged infractions of this Code by members of 

the industry shall be investigated by the Secretary of the Association who shall report the facts to the Board of Directors of the 

Association before any legal action is taken by the Association. 

(b) 'Every member of the industry shall, upon request, make any 

or all of his records pertaining to industry business available to the 

Secretary of the Association or his representative. 

SEc. 5. The expense of administering this Code and leasing or 

purchasing plants capable of producing products of the industry 

shall be budgeted by the Association. Such expense shall be charged 

to and paid by each member of the industry every quarter in proportion to the value of his shipments, in dollars, of White Wet 

Ground Mica during the preceding quarter provided that no quarterly payment hereunder shall be less than $150. 

SEc. 6. Every member of the industry shall pay to the Association, 

quarterly upon demand, the assessment determined in accordance 

with Section 5 of Part III hereof and commencing September 1, 1933. 

SEc. 7. (a) This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of Clause 10 (b) of the National Industrial Recovery Act, 

from time to time, to cancel or modify any order, approval, license, 

rule or regulation, issued under Title I of the said Act, and specifically to the right of the President to cancel or modify his approval 

of this Code or any conditions imposed by him upon his approval 

thereof. 

(b) Such of the provisions of this Code as are not required to be 

included herein by the National Industrial Recovery Act, may, with 

the approval of the President of the United States, be modified or 

eliminated by the Board of Directors of the Association as changes 

in circumstances or experience may indicate. 

WHITE WET GROUND MrcA. AssocrA.TION, 5~~ Fifth A venue, New York. 

STEWART N. CLARKSON, Secretary. 

0